CONVENTION

BETWEEN JAPAN AND THE PORTUGUESE REPUBLIC

FOR THE AVOIDANCE OF DOUBLE TAXATION
AND THE PREVENTION OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME

Japan and the Portuguese Republic,

Desiring to conclude a Convention for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income,
Have agreed as follows:
ARTICLE 1
PERSONS COVERED
This Convention shall apply to persons who are
residents of one or both of the Contracting States.
ARTICLE 2
TAXES COVERED
1.
This Convention shall apply to taxes on income imposed
on behalf of a Contracting State or of its political or
administrative subdivisions or local authorities,
irrespective of the manner in which they are levied.
2.
There shall be regarded as taxes on income all taxes
imposed on total income or on elements of income, including
taxes on gains from the alienation of any property, taxes
on the total amounts of wages or salaries paid by
enterprises, as well as taxes on capital appreciation.
3.
The existing taxes to which this Convention shall
apply are:
a)

in the case of Portugal:

(i)

the personal income tax (Imposto sobre o

Rendimento das Pessoas Singulares IRS);

(ii)

the corporate income tax (Imposto sobre o

Rendimento das Pessoas Colectivas IRC);
and

(iii)

the surtaxes on corporate income (Derramas)

(hereinafter referred to as Portuguese tax);

and

b)

in the case of Japan:

(i)
(ii)
(iii)
(iv)
(v)

the income tax;

the corporation tax;
the special income tax for reconstruction;
the special corporation tax for
reconstruction; and
the local inhabitant taxes

(hereinafter referred to as Japanese tax).

4.
This Convention shall apply also to any identical or
substantially similar taxes that are imposed after the date
of signature of the Convention in addition to, or in place
of, the existing taxes. The competent authorities of the
Contracting States shall notify each other of any
significant changes that have been made in their respective
taxation laws, within a reasonable period of time after
such changes.
ARTICLE 3
GENERAL DEFINITIONS
1.
For the purposes of this Convention, unless the
context otherwise requires:
a)

the term Portugal, when used in a geographical

sense, means all the territory of the Portuguese
Republic in accordance with the international law
and the Portuguese legislation, including its
territorial sea, as well as those maritime areas
adjacent to the outer limit of the territorial
sea, comprising the seabed and subsoil thereof,
over which the Portuguese Republic exercises
sovereign rights or jurisdiction;

b)

the term Japan, when used in a geographical

sense, means all the territory of Japan,
including its territorial sea, in which the laws
relating to Japanese tax are in force, and all
the area beyond its territorial sea, including
the seabed and subsoil thereof, over which Japan
has sovereign rights in accordance with
international law and in which the laws relating
to Japanese tax are in force;

c)

the terms a Contracting State and the other

Contracting State mean Japan or Portugal, as the
context requires;

d)

the term tax means Japanese tax or Portuguese

tax, as the context requires;

e)

the term person includes an individual, a

company and any other body of persons;

f)

the term company means any body corporate or

any entity that is treated as a body corporate
for tax purposes;

g)

the term enterprise applies to the carrying on

of any business;

h)

the terms enterprise of a Contracting State and

enterprise of the other Contracting State mean
respectively an enterprise carried on by a
resident of a Contracting State and an enterprise
carried on by a resident of the other Contracting
State;

i)

the term international traffic means any

transport by a ship or aircraft operated by an
enterprise of a Contracting State, except when
the ship or aircraft is operated solely between
places in the other Contracting State;

j)

the term national means:

(i)

(ii)

k)

in the case of Portugal, any individual

possessing the Portuguese nationality and
any legal person, partnership or association
deriving its status as such from the laws in
force in Portugal; and
in the case of Japan, any individual
possessing the nationality of Japan, any
juridical person created or organised under
the laws of Japan and any organisation
without juridical personality treated for
the purposes of Japanese tax as a juridical
person created or organised under the laws
of Japan;

the term competent authority means:

(i)

in the case of Portugal, the Minister of

Finance, the Director General of Taxation
(Director-Geral dos Impostos) or their
authorised representative; and

(ii)

l)

in the case of Japan, the Minister of

Finance or his authorised representative;
and

the term business includes the performance of

professional services and of other activities of
an independent character.

2.
As regards the application of the Convention at any
time by a Contracting State, any term not defined therein
shall, unless the context otherwise requires, have the
meaning that it has at that time under the laws of that
Contracting State for the purposes of the taxes to which
the Convention applies, any meaning under the applicable
tax laws of that Contracting State prevailing over a
meaning given to the term under other laws of that
Contracting State.
ARTICLE 4
RESIDENT
1.
For the purposes of this Convention, the term
resident of a Contracting State means any person who,
under the laws of that Contracting State, is liable to tax
therein by reason of his domicile, residence, place of
management, place of head or main office or any other
criterion of a similar nature, and also includes that
Contracting State and any political or administrative
subdivision or local authority thereof. This term,
however, does not include any person who is liable to tax
in that Contracting State in respect only of income from
sources in that Contracting State.
2.
Where by reason of the provisions of paragraph 1 an
individual is a resident of both Contracting States, then
his status shall be determined as follows:
a)

he shall be deemed to be a resident only of the

Contracting State in which he has a permanent
home available to him; if he has a permanent home
available to him in both Contracting States, he
shall be deemed to be a resident only of the
Contracting State with which his personal and
economic relations are closer (centre of vital
interests);

b)

if the Contracting State in which he has his

centre of vital interests cannot be determined,
or if he has not a permanent home available to
him in either Contracting State, he shall be
deemed to be a resident only of the Contracting
State in which he has an habitual abode;

c)

if he has an habitual abode in both Contracting

States or in neither of them, he shall be deemed
to be a resident only of the Contracting State of
which he is a national;

d)

if he is a national of both Contracting States or

of neither of them, the competent authorities of
the Contracting States shall settle the question
by mutual agreement.

3.
Where by reason of the provisions of paragraph 1 a
person other than an individual is a resident of both
Contracting States, then the competent authorities of the
Contracting States shall determine by mutual agreement the
Contracting State of which that person shall be deemed to
be a resident for the purposes of this Convention. In the
absence of a mutual agreement by the competent authorities
of the Contracting States, the person shall not be
considered a resident of either Contracting State for
the purposes of claiming any benefits provided by the
Convention, except those provided by Articles 23 and 24.
4.
Where, pursuant to any provisions of this Convention,
a Contracting State reduces the rate of tax on, or exempts
from tax, income of a resident of the other Contracting
State and under the laws in force in that other Contracting
State the resident is subjected to tax by that other
Contracting State only on that part of such income which is
remitted to or received in that other Contracting State,
then the reduction or exemption shall apply only to so much
of such income as is remitted to or received in that other
Contracting State.
ARTICLE 5
PERMANENT ESTABLISHMENT
1.
For the purposes of this Convention, the term
permanent establishment means a fixed place of business
through which the business of an enterprise is wholly or
partly carried on.
2.
The term permanent establishment includes
especially:
a)

a place of management;

b)

a branch;

c)

an office;

d)

a factory;

e)

a workshop; and

f)

a mine, an oil or gas well, a quarry or any other

place of extraction of natural resources.

3.
A building site or construction or installation
project constitutes a permanent establishment only if it
lasts more than twelve months.
4.
Notwithstanding the preceding provisions of this
Article, the term permanent establishment shall be deemed
not to include:
a)

the use of facilities solely for the purpose of

storage, display or delivery of goods or
merchandise belonging to the enterprise;

b)

the maintenance of a stock of goods or

merchandise belonging to the enterprise solely
for the purpose of storage, display or delivery;

c)

the maintenance of a stock of goods or

merchandise belonging to the enterprise solely
for the purpose of processing by another
enterprise;

d)

the maintenance of a fixed place of business

solely for the purpose of purchasing goods or
merchandise or of collecting information, for the
enterprise;

e)

the maintenance of a fixed place of business

solely for the purpose of carrying on, for the
enterprise, any other activity of a preparatory
or auxiliary character;

f)

the maintenance of a fixed place of business

solely for any combination of activities
mentioned in subparagraphs a) to e), provided
that the overall activity of the fixed place of
business resulting from this combination is of a
preparatory or auxiliary character.

5.
Notwithstanding the provisions of paragraphs 1 and 2,
where a person other than an agent of an independent
status to whom the provisions of paragraph 6 apply is
acting on behalf of an enterprise and has, and habitually
exercises, in a Contracting State an authority to conclude
contracts in the name of the enterprise, that enterprise
shall be deemed to have a permanent establishment in that
Contracting State in respect of any activities which that
person undertakes for the enterprise, unless the activities
of such person are limited to those mentioned in paragraph
4 which, if exercised through a fixed place of business,
would not make this fixed place of business a permanent
establishment under the provisions of that paragraph.
6.
An enterprise shall not be deemed to have a permanent
establishment in a Contracting State merely because it
carries on business in that Contracting State through a
broker, general commission agent or any other agent of an
independent status, provided that such persons are acting
in the ordinary course of their business.
7.
The fact that a company which is a resident of a
Contracting State controls or is controlled by a company
which is a resident of the other Contracting State, or
which carries on business in that other Contracting State
(whether through a permanent establishment or otherwise),
shall not of itself constitute either company a permanent
establishment of the other.
ARTICLE 6
INCOME FROM IMMOVABLE PROPERTY
1.
Income derived by a resident of a Contracting State
from immovable property (including income from agriculture
or forestry) situated in the other Contracting State may be
taxed in that other Contracting State.
2.
The term immovable property shall have the meaning
which it has under the laws of the Contracting State in
which the property in question is situated. The term shall
in any case include property accessory to immovable
property, livestock and equipment used in agriculture and
forestry, rights to which the provisions of general law
respecting landed property apply, usufruct of immovable
property and rights to variable or fixed payments as
consideration for the working of, or the right to work,
mineral deposits, sources and other natural resources;
ships and aircraft shall not be regarded as immovable
property.

3.
The provisions of paragraph 1 shall apply to income
derived from the direct use, letting, or use in any other
form of immovable property.
4.
The provisions of paragraphs 1 and 3 shall also apply
to the income from immovable property of an enterprise.
ARTICLE 7
BUSINESS PROFITS
1.
The profits of an enterprise of a Contracting State
shall be taxable only in that Contracting State unless the
enterprise carries on business in the other Contracting
State through a permanent establishment situated therein.
If the enterprise carries on business as aforesaid, the
profits of the enterprise may be taxed in that other
Contracting State but only so much of them as is
attributable to that permanent establishment.
2.
Subject to the provisions of paragraph 3, where
an enterprise of a Contracting State carries on business
in the other Contracting State through a permanent
establishment situated therein, there shall in each
Contracting State be attributed to that permanent
establishment the profits which it might be expected to
make if it were a distinct and separate enterprise engaged
in the same or similar activities under the same or similar
conditions and dealing wholly independently with the
enterprise of which it is a permanent establishment.
3.
In determining the profits of a permanent
establishment, there shall be allowed as deductions
expenses which are incurred for the purposes of the
permanent establishment, including executive and general
administrative expenses so incurred, whether in the
Contracting State in which the permanent establishment is
situated or elsewhere.
4.
No profits shall be attributed to a permanent
establishment by reason of the mere purchase by that
permanent establishment of goods or merchandise for the
enterprise.
5.
For the purposes of the preceding paragraphs of this
Article, the profits to be attributed to the permanent
establishment shall be determined by the same method year
by year unless there is good and sufficient reason to the
contrary.

6.
Where profits include items of income which are dealt
with separately in other Articles of this Convention, then
the provisions of those Articles shall not be affected by
the provisions of this Article.
ARTICLE 8
SHIPPING AND AIR TRANSPORT
1.
Profits from the operation of ships or aircraft in
international traffic carried on by an enterprise of a
Contracting State shall be taxable only in that Contracting
State.
2.
Notwithstanding the provisions of Article 2, where an
enterprise of a Contracting State carries on the operation
of ships or aircraft in international traffic, that
enterprise, if an enterprise of Portugal, shall be exempt
from the enterprise tax of Japan, and, if an enterprise
of Japan, shall be exempt from any tax similar to the
enterprise tax of Japan which may hereafter be imposed in
Portugal.
3.
The provisions of the preceding paragraphs of this
Article shall also apply to profits from the participation
in a pool, a joint business or an international operating
agency.
ARTICLE 9
ASSOCIATED ENTERPRISES
1.

Where
a)

an enterprise of a Contracting State participates

directly or indirectly in the management, control
or capital of an enterprise of the other
Contracting State, or

b)

the same persons participate directly or

indirectly in the management, control or capital
of an enterprise of a Contracting State and an
enterprise of the other Contracting State,

and in either case conditions are made or imposed between

the two enterprises in their commercial or financial
relations which differ from those which would be made
between independent enterprises, then any profits which
would, but for those conditions, have accrued to one of the
enterprises, but, by reason of those conditions, have not
so accrued, may be included in the profits of that
enterprise and taxed accordingly.

2.
Where a Contracting State includes, in accordance
with the provisions of paragraph 1, in the profits of
an enterprise of that Contracting State and taxes
accordingly profits on which an enterprise of the other
Contracting State has been charged to tax in that other
Contracting State and where the competent authorities of
the Contracting States agree, upon consultation, that all
or part of the profits so included are profits which would
have accrued to the enterprise of the first-mentioned
Contracting State if the conditions made between the two
enterprises had been those which would have been made
between independent enterprises, then that other
Contracting State shall make an appropriate adjustment
to the amount of the tax charged therein on those agreed
profits. In determining such adjustment, due regard shall
be had to the other provisions of this Convention.
3.
Notwithstanding the provisions of paragraph 1, a
Contracting State shall not change the profits of an
enterprise of that Contracting State in the circumstances
referred to in that paragraph after seven years from the
end of the taxable year in which the profits that would be
subjected to such change would, but for the conditions
referred to in that paragraph, have accrued to that
enterprise. The provisions of this paragraph shall not
apply in the case of fraud or wilful default.
ARTICLE 10
DIVIDENDS
1.
Dividends paid by a company which is a resident of a
Contracting State to a resident of the other Contracting
State may be taxed in that other Contracting State.
2.
However, such dividends may also be taxed in the
Contracting State of which the company paying the dividends
is a resident and according to the laws of that Contracting
State, but if the beneficial owner of the dividends is a
resident of the other Contracting State, the tax so charged
shall not exceed:
a)

5 per cent of the gross amount of the dividends

if the beneficial owner is a company (other than
a partnership) that has owned directly for the
period of twelve months ending on the date on
which entitlement to the dividends is determined,
either:
(i)

at least 10 per cent of the voting shares of

the company paying the dividends where such
company is a resident of Japan; or

10

(ii)

b)

at least 10 per cent of the capital of the

company paying the dividends where such
company is a resident of Portugal; or

10 per cent of the gross amount of the dividends

in all other cases.

This paragraph shall not affect the taxation of the

company in respect of the profits out of which the
dividends are paid.
3.
The term dividends as used in this Article means
income from shares or other rights, not being debt-claims,
participating in profits, as well as income from other
corporate rights which is subjected to the same taxation
treatment as income from shares by the laws of the
Contracting State of which the company making the
distribution is a resident.
4.
The provisions of paragraphs 1 and 2 shall not apply
if the beneficial owner of the dividends, being a resident
of a Contracting State, carries on business in the other
Contracting State of which the company paying the dividends
is a resident through a permanent establishment situated
therein and the holding in respect of which the dividends
are paid is effectively connected with such permanent
establishment. In such case the provisions of Article 7
shall apply.
5.
Where a company which is a resident of a Contracting
State derives profits or income from the other Contracting
State, that other Contracting State may not impose any tax
on the dividends paid by the company, except insofar as
such dividends are paid to a resident of that other
Contracting State or insofar as the holding in respect
of which the dividends are paid is effectively connected
with a permanent establishment situated in that other
Contracting State, nor subject the companys undistributed
profits to a tax on the companys undistributed profits,
even if the dividends paid or the undistributed profits
consist wholly or partly of profits or income arising in
such other Contracting State.
ARTICLE 11
INTEREST
1.
Interest arising in a Contracting State and paid to a
resident of the other Contracting State may be taxed in
that other Contracting State.

11

2.
However, such interest may also be taxed in the
Contracting State in which it arises and according to the
laws of that Contracting State, but if the beneficial owner
of the interest is a resident of the other Contracting
State, the tax so charged shall not exceed 10 per cent of
the gross amount of the interest.
3.
Notwithstanding the provisions of paragraph 2, the tax
charged by a Contracting State on interest arising in that
Contracting State, if the interest is beneficially owned by
a bank which is a resident of the other Contracting State
and is established and regulated as such under the laws of
that other Contracting State, shall not exceed 5 per cent
of the gross amount of the interest.
4.
Notwithstanding the provisions of paragraphs 2 and 3,
interest arising in a Contracting State shall be taxable
only in the other Contracting State if the interest is
beneficially owned by that other Contracting State, a
political or administrative subdivision or local authority
thereof, or the central bank of that other Contracting
State.
5.
The term interest as used in this Article means
income from debt-claims of every kind, whether or not
secured by mortgage and whether or not carrying a right to
participate in the debtors profits, and in particular,
income from government securities and income from bonds or
debentures, including premiums and prizes attaching to such
securities, bonds or debentures, and all other income that
is subjected to the same taxation treatment as income from
money lent by the tax laws of the Contracting State in
which the income arises. Income dealt with in Article 10
shall not be regarded as interest for the purposes of this
Convention.
6.
The provisions of paragraphs 1, 2 and 3 shall not
apply if the beneficial owner of the interest, being a
resident of a Contracting State, carries on business in
the other Contracting State in which the interest arises
through a permanent establishment situated therein and the
debt-claim in respect of which the interest is paid is
effectively connected with such permanent establishment.
In such case the provisions of Article 7 shall apply.

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7.
Interest shall be deemed to arise in a Contracting
State when the payer is a resident of that Contracting
State. Where, however, the person paying the interest,
whether he is a resident of a Contracting State or not,
has in a Contracting State a permanent establishment in
connection with which the indebtedness on which the
interest is paid was incurred, and such interest is borne
by such permanent establishment, then such interest shall
be deemed to arise in the Contracting State in which the
permanent establishment is situated.
8.
Where, by reason of a special relationship between the
payer and the beneficial owner or between both of them and
some other person, the amount of the interest, having
regard to the debt-claim for which it is paid, exceeds the
amount which would have been agreed upon by the payer and
the beneficial owner in the absence of such relationship,
the provisions of this Article shall apply only to the
last-mentioned amount. In such case, the excess part of
the payments shall remain taxable according to the laws of
each Contracting State, due regard being had to the other
provisions of this Convention.
ARTICLE 12
ROYALTIES
1.
Royalties arising in a Contracting State and paid to
a resident of the other Contracting State may be taxed in
that other Contracting State.
2.
However, such royalties may also be taxed in the
Contracting State in which they arise and according to the
laws of that Contracting State, but if the beneficial owner
of the royalties is a resident of the other Contracting
State, the tax so charged shall not exceed 5 per cent of
the gross amount of the royalties.
3.
The term royalties as used in this Article means
payments of any kind received as a consideration for the
use of, or the right to use, any copyright of literary,
artistic or scientific work including software,
cinematograph films and films or tapes for radio or
television broadcasting, any patent, trade mark, design
or model, plan, or secret formula or process, or for
information concerning industrial, commercial or scientific
experience.

13

4.
The provisions of paragraphs 1 and 2 shall not apply
if the beneficial owner of the royalties, being a resident
of a Contracting State, carries on business in the other
Contracting State in which the royalties arise through a
permanent establishment situated therein and the right or
property in respect of which the royalties are paid is
effectively connected with such permanent establishment.
In such case the provisions of Article 7 shall apply.
5.
Royalties shall be deemed to arise in a Contracting
State when the payer is a resident of that Contracting
State. Where, however, the person paying the royalties,
whether he is a resident of a Contracting State or not,
has in a Contracting State a permanent establishment in
connection with which the liability to pay the royalties
was incurred, and such royalties are borne by such
permanent establishment, then such royalties shall be
deemed to arise in the Contracting State in which the
permanent establishment is situated.
6.
Where, by reason of a special relationship between the
payer and the beneficial owner or between both of them and
some other person, the amount of the royalties, having
regard to the use, right or information for which they are
paid, exceeds the amount which would have been agreed upon
by the payer and the beneficial owner in the absence of
such relationship, the provisions of this Article shall
apply only to the last-mentioned amount. In such case, the
excess part of the payments shall remain taxable according
to the laws of each Contracting State, due regard being had
to the other provisions of this Convention.
ARTICLE 13
CAPITAL GAINS
1.
Gains derived by a resident of a Contracting State
from the alienation of immovable property referred to in
Article 6 and situated in the other Contracting State may
be taxed in that other Contracting State.
2.
Gains derived by a resident of a Contracting State
from the alienation of shares or other comparable interests
in a company or of interests in a partnership or trust may
be taxed in the other Contracting State where the shares or
the interests derive at least 50 per cent of their value
directly or indirectly from immovable property referred to
in Article 6 and situated in that other Contracting State.

14

3.
Gains from the alienation of any property, other than
immovable property, forming part of the business property
of a permanent establishment which an enterprise of a
Contracting State has in the other Contracting State,
including such gains from the alienation of such a
permanent establishment (alone or with the whole
enterprise), may be taxed in that other Contracting State.
4.
Gains derived by an enterprise of a Contracting
from the alienation of ships or aircraft operated by
enterprise in international traffic or any property,
than immovable property, pertaining to the operation
such ships or aircraft shall be taxable only in that
Contracting State.

State
that
other
of

5.
Gains from the alienation of any property other than
that referred to in the preceding paragraphs of this
Article shall be taxable only in the Contracting State of
which the alienator is a resident.
ARTICLE 14
INCOME FROM EMPLOYMENT
1.
Subject to the provisions of Articles 15, 17 and 18,
salaries, wages and other similar remuneration derived by a
resident of a Contracting State in respect of an employment
shall be taxable only in that Contracting State unless the
employment is exercised in the other Contracting State. If
the employment is so exercised, such remuneration as is
derived therefrom may be taxed in that other Contracting
State.
2.
Notwithstanding the provisions of paragraph 1,
remuneration derived by a resident of a Contracting State
in respect of an employment exercised in the other
Contracting State shall be taxable only in the firstmentioned Contracting State if:
a)

the recipient is present in that other

Contracting State for a period or periods not
exceeding in the aggregate 183 days in any twelve
month period commencing or ending in the taxable
year concerned; and

b)

the remuneration is paid by, or on behalf of, an

employer who is not a resident of that other
Contracting State; and

c)

the remuneration is not borne by a permanent

establishment which the employer has in that
other Contracting State.

15

3.
Notwithstanding the preceding provisions of this
Article, remuneration derived in respect of an employment
exercised aboard a ship or aircraft operated in
international traffic by an enterprise of a Contracting
State may be taxed in that Contracting State.
ARTICLE 15
DIRECTORS FEES
Directors fees and other similar payments derived by
a resident of a Contracting State in his capacity as a
member of the board of directors of a company which is a
resident of the other Contracting State may be taxed in
that other Contracting State.
ARTICLE 16
ARTISTES AND SPORTSMEN
1.
Notwithstanding the provisions of Articles 7 and 14,
income derived by a resident of a Contracting State as an
entertainer, such as a theatre, motion picture, radio or
television artiste, or a musician, or as a sportsman, from
his personal activities as such exercised in the other
Contracting State, may be taxed in that other Contracting
State.
2.
Where income in respect of personal activities
exercised by an entertainer or a sportsman in his capacity
as such accrues not to the entertainer or sportsman himself
but to another person, that income may, notwithstanding the
provisions of Articles 7 and 14, be taxed in the
Contracting State in which the activities of the
entertainer or sportsman are exercised.
ARTICLE 17
PENSIONS
Subject to the provisions of paragraph 2 of Article
18, pensions and other similar remuneration paid to a
resident of a Contracting State shall be taxable only in
that Contracting State.

16

ARTICLE 18
GOVERNMENT SERVICE
1.
Salaries, wages and other similar remuneration paid by
a Contracting State or a political or administrative
subdivision or local authority thereof to an individual in
respect of services rendered to that Contracting State or
political or administrative subdivision or local authority
shall be taxable only in that Contracting State. However,
such salaries, wages and other similar remuneration shall
be taxable only in the other Contracting State if the
services are rendered in that other Contracting State and
the individual is a resident of that other Contracting
State who:
a)

is a national of that other Contracting State; or

b)

did not become a resident of that other

Contracting State solely for the purpose of
rendering the services.

2.
Notwithstanding the provisions of paragraph 1,
pensions and other similar remuneration paid by, or out of
funds to which contributions are made or created by, a
Contracting State or a political or administrative
subdivision or local authority thereof to an individual in
respect of services rendered to that Contracting State or
political or administrative subdivision or local authority
shall be taxable only in that Contracting State. However,
such pensions and other similar remuneration shall be
taxable only in the other Contracting State if the
individual is a resident of, and a national of, that other
Contracting State.
3.
The provisions of Articles 14, 15, 16 and 17 shall
apply to salaries, wages, pensions, and other similar
remuneration in respect of services rendered in connection
with a business carried on by a Contracting State or a
political or administrative subdivision or local authority
thereof.

17

ARTICLE 19
STUDENTS
Payments which a student or business apprentice who is
or was immediately before visiting a Contracting State a
resident of the other Contracting State and who is present
in the first-mentioned Contracting State solely for the
purpose of his education or training receives for the
purpose of his maintenance, education or training shall not
be taxed in the first-mentioned Contracting State, provided
that such payments arise from sources outside the firstmentioned Contracting State. The exemption provided by
this Article shall apply to a business apprentice only for
a period not exceeding one year from the date on which he
first begins his training in the first-mentioned
Contracting State.
ARTICLE 20
OTHER INCOME
1.
Items of income beneficially owned by a resident of a
Contracting State, wherever arising, not dealt with in the
foregoing Articles of this Convention (hereinafter referred
to as other income in this Article) shall be taxable only
in that Contracting State.
2.
The provisions of paragraph 1 shall not apply to
other income, other than income from immovable property
as defined in paragraph 2 of Article 6, if the beneficial
owner of such other income, being a resident of a
Contracting State, carries on business in the other
Contracting State through a permanent establishment
situated therein and the right or property in respect of
which the other income is paid is effectively connected
with such permanent establishment. In such case the
provisions of Article 7 shall apply.
3.
Where, by reason of a special relationship between
the resident referred to in paragraph 1 and the payer or
between both of them and some other person, the amount
of other income exceeds the amount which would have been
agreed upon between them in the absence of such
relationship, the provisions of this Article shall apply
only to the last-mentioned amount. In such case, the
excess part of the payments shall remain taxable according
to the laws of each Contracting State, due regard being had
to the other provisions of this Convention.

18

ARTICLE 21
LIMITATION OF RELIEF
No relief shall be available under this Convention if
it was the main purpose of any person concerned with the
creation or assignment of any right or property in respect
of which the income is paid or derived to take advantage of
the Convention by means of that creation or assignment.
ARTICLE 22
ELIMINATION OF DOUBLE TAXATION
1.
In Portugal, double taxation shall be eliminated as
follows:
a)

Where a resident of Portugal derives income

which, in accordance with the provisions of this
Convention, may be taxed in Japan, Portugal shall
allow as a deduction from the Portuguese tax on
the income of that resident an amount equal to
the Japanese tax paid in Japan. Such deduction
shall not, however, exceed that part of the
Portuguese tax as computed before the deduction
is given, which is attributable to the income
which may be taxed in Japan;

b)

Where in accordance with any provisions of this

Convention income derived by a resident of
Portugal is exempt from tax in Portugal, Portugal
may nevertheless, in calculating the amount of
tax on the remaining income of such resident,
take into account the exempted income;

c)

Notwithstanding the provision of subparagraph a),

where a company which is a resident of Portugal
receives dividends from a company which is a
resident of Japan and which is subject to and not
exempt from Japanese tax, Portugal shall allow a
deduction for such dividends included in the tax
base of the company receiving the dividends,
provided that the latter company has directly
held a participation corresponding to at least 10
per cent of the capital of the company paying the
dividends for an uninterrupted period of one year
prior to the date on which the dividends are paid
or, if held for a shorter period, it continues to
hold that participation until the year-long
condition is satisfied. The provisions of this
subparagraph shall only apply if the profits out
of which such dividends are paid are effectively
taxed at a rate of 10 per cent or higher.

19

2.
In Japan, double taxation shall be eliminated as
follows:
a)

Subject to the provisions of the laws of Japan

regarding the allowance as a credit against
Japanese tax of tax payable in any country other
than Japan, where a resident of Japan derives
income from Portugal which may be taxed in
Portugal in accordance with the provisions of
this Convention, the amount of Portuguese tax
payable in respect of that income shall be
allowed as a credit against the Japanese tax
imposed on that resident. The amount of credit,
however, shall not exceed that part of the
Japanese tax which is appropriate to that income;

b)

Where the income derived from Portugal is

dividends paid by a company which is a resident
of Portugal to a company which is a resident of
Japan and which has owned at least 25 per cent
either of the voting shares issued by the company
paying the dividends, or of the total shares
issued by that company, during the period of six
months immediately before the day when the
obligation to pay dividends is confirmed, such
dividends shall be excluded from the basis upon
which the Japanese tax is imposed, provided that
such exclusion shall be subject to the provisions
of the laws of Japan regarding the exclusion of
dividends from the basis upon which the Japanese
tax is imposed;

c)

For the purposes of the preceding subparagraphs

of this paragraph, income beneficially owned by a
resident of Japan which may be taxed in Portugal
in accordance with the provisions of this
Convention shall be deemed to arise from sources
in Portugal.
ARTICLE 23
NON-DISCRIMINATION

1.
Nationals of a Contracting State shall not be
subjected in the other Contracting State to any taxation or
any requirement connected therewith, which is other or more
burdensome than the taxation and connected requirements to
which nationals of that other Contracting State in the same
circumstances, in particular with respect to residence, are
or may be subjected. The provisions of this paragraph
shall, notwithstanding the provisions of Article 1, also
apply to persons who are not residents of one or both of
the Contracting States.

20

2.
The taxation on a permanent establishment which an
enterprise of a Contracting State has in the other
Contracting State shall not be less favourably levied in
that other Contracting State than the taxation levied on
enterprises of that other Contracting State carrying on the
same activities. The provisions of this paragraph shall
not be construed as obliging a Contracting State to grant
to residents of the other Contracting State any personal
allowances, reliefs and reductions for taxation purposes on
account of civil status or family responsibilities which it
grants to its own residents.
3.
Except where the provisions of paragraph 1 of Article
9, paragraph 8 of Article 11, paragraph 6 of Article 12 or
paragraph 3 of Article 20 apply, interest, royalties and
other disbursements paid by an enterprise of a Contracting
State to a resident of the other Contracting State shall,
for the purpose of determining the taxable profits of such
enterprise, be deductible under the same conditions as if
they had been paid to a resident of the first-mentioned
Contracting State.
4.
Enterprises of a Contracting State, the capital of
which is wholly or partly owned or controlled, directly
or indirectly, by one or more residents of the other
Contracting State, shall not be subjected in the firstmentioned Contracting State to any taxation or any
requirement connected therewith which is other or more
burdensome than the taxation and connected requirements to
which other similar enterprises of the first-mentioned
Contracting State are or may be subjected.
5.
The provisions of this Article shall, notwithstanding
the provisions of Article 2, apply to taxes of every kind
and description imposed on behalf of a Contracting State or
of its political or administrative subdivisions or local
authorities.
ARTICLE 24
MUTUAL AGREEMENT PROCEDURE
1.
Where a person considers that the actions of one or
both of the Contracting States result or will result for
him in taxation not in accordance with the provisions of
this Convention, he may, irrespective of the remedies
provided by the domestic law of those Contracting States,
present his case to the competent authority of the
Contracting State of which he is a resident or, if his
case comes under paragraph 1 of Article 23, to that of the
Contracting State of which he is a national. The case must
be presented within three years from the first notification
of the action resulting in taxation not in accordance with
the provisions of the Convention.

21

2.
The competent authority shall endeavour, if the
objection appears to it to be justified and if it is not
itself able to arrive at a satisfactory solution, to
resolve the case by mutual agreement with the competent
authority of the other Contracting State, with a view to
the avoidance of taxation which is not in accordance with
the provisions of this Convention. Any agreement reached
shall be implemented notwithstanding any time limits in the
domestic law of the Contracting States.
3.
The competent authorities of the Contracting States
shall endeavour to resolve by mutual agreement any
difficulties or doubts arising as to the interpretation
or application of this Convention. They may also consult
together for the elimination of double taxation in cases
not provided for in the Convention.
4.
The competent authorities of the Contracting States
may communicate with each other directly, including through
a joint commission consisting of themselves or their
representatives, for the purposes of reaching an agreement
in the sense of the preceding paragraphs of this Article.
5.

Where,
a)

under paragraph 1, a person has presented a case

to the competent authority of a Contracting State
on the basis that the actions of one or both of
the Contracting States have resulted for that
person in taxation not in accordance with the
provisions of this Convention, and

b)

the competent authorities are unable to reach an

agreement to resolve that case pursuant to
paragraph 2 within two years from the
presentation of the case to the competent
authority of the other Contracting State,

any unresolved issues arising from the case shall be

submitted to arbitration if the person so requests. These
unresolved issues shall not, however, be submitted to
arbitration if a decision on these issues has already been
rendered by a court or administrative tribunal of either
Contracting State. Unless a person directly affected by
the case does not accept the mutual agreement that
implements the arbitration decision, that decision shall be
binding on both Contracting States and shall be implemented
notwithstanding any time limits in the domestic laws of
these Contracting States. The competent authorities of the
Contracting States shall by mutual agreement settle the
mode of application of this paragraph.

22

ARTICLE 25
EXCHANGE OF INFORMATION
1.
The competent authorities of the Contracting States
shall exchange such information as is foreseeably relevant
for carrying out the provisions of this Convention or to
the administration or enforcement of the domestic laws
concerning taxes of every kind and description imposed on
behalf of the Contracting States, or of their political or
administrative subdivisions or local authorities, insofar
as the taxation thereunder is not contrary to the
Convention. The exchange of information is not restricted
by Articles 1 and 2.
2.
Any information received under paragraph 1 by a
Contracting State shall be treated as secret in the same
manner as information obtained under the domestic laws of
that Contracting State and shall be disclosed only to
persons or authorities (including courts and administrative
bodies) concerned with the assessment or collection of, the
enforcement or prosecution in respect of, the determination
of appeals in relation to the taxes referred to in
paragraph 1, or the oversight of the above. Such persons
or authorities shall use the information only for such
purposes. They may disclose the information in public
court proceedings or in judicial decisions.
3.
In no case shall the provisions of paragraphs 1 and 2
be construed so as to impose on a Contracting State the
obligation:
a)

to carry out administrative measures at variance

with the laws and administrative practice of that
or of the other Contracting State;

b)

to supply information which is not obtainable

under the laws or in the normal course of the
administration of that or of the other
Contracting State;

c)

to supply information which would disclose any

trade, business, industrial, commercial or
professional secret or trade process, or
information the disclosure of which would be
contrary to public policy (ordre public).

23

4.
If information is requested by a Contracting State in
accordance with this Article, the other Contracting State
shall use its information gathering measures to obtain the
requested information, even though that other Contracting
State may not need such information for its own tax
purposes. The obligation contained in the preceding
sentence is subject to the limitations of paragraph 3 but
in no case shall such limitations be construed to permit a
Contracting State to decline to supply information solely
because it has no domestic interest in such information.
5.
In no case shall the provisions of paragraph 3 be
construed to permit a Contracting State to decline to
supply information solely because the information is held
by a bank, other financial institution, nominee or person
acting in an agency or a fiduciary capacity or because it
relates to ownership interests in a person.
ARTICLE 26
MEMBERS OF DIPLOMATIC MISSIONS AND
CONSULAR POSTS
Nothing in this Convention shall affect the fiscal
privileges of members of diplomatic missions or consular
posts under the general rules of international law or under
the provisions of special agreements.
ARTICLE 27
HEADINGS
The headings of the Articles of this Convention are
inserted for convenience of reference only and shall not
affect the interpretation of the Convention.
ARTICLE 28
ENTRY INTO FORCE
1.
Each of the Contracting States shall send in writing
and through diplomatic channels to the other the
notification confirming that its internal procedures
necessary for the entry into force of this Convention have
been completed. The Convention shall enter into force on
the thirtieth day after the date of receipt of the latter
notification.
2.

The provisions of this Convention shall have effect:

a)

in the case of Portugal:

24

(i)

(ii)

b)

with respect to taxes withheld at source,

the fact giving rise to them appearing on or
after the first day of January of the
calendar year next following that in which
the Convention enters into force; and
with respect to other taxes, as to income
arising in any taxable year beginning on or
after the first day of January of the
calendar year next following that in which
the Convention enters into force; and

in the case of Japan:

(i)

with respect to taxes withheld at source,

for amounts taxable on or after 1 January in
the calendar year next following that in
which the Convention enters into force;

(ii)

with respect to taxes on income which are

not withheld at source, as regards income
for any taxable year beginning on or after 1
January in the calendar year next following
that in which the Convention enters into
force; and

(iii)

with respect to other taxes, as regards

taxes for any taxable year beginning on or
after 1 January in the calendar year next
following that in which the Convention
enters into force.
ARTICLE 29
TERMINATION

This Convention shall remain in force until terminated

by a Contracting State. Either Contracting State may
terminate the Convention, through diplomatic channels, by
giving notice of termination at least six months before the
end of any calendar year beginning after the expiry of five
years from the date of entry into force of the Convention.
In such event, the Convention shall cease to have effect:
a)

in the case of Portugal:

(i)

with respect to taxes withheld at source,

the fact giving rise to them appearing on or
after the first day of January of the
calendar year next following that in which
the notice is given; and

25

(ii)

b)

with respect to other taxes, as to income

arising in the taxable year beginning on or
after the first day of January of the
calendar year next following that in which
the notice is given; and

in the case of Japan:

(i)

with respect to taxes withheld at source,

for amounts taxable on or after 1 January in
the calendar year next following that in
which the notice is given;

(ii)

with respect to taxes on income which are

not withheld at source, as regards income
for any taxable year beginning on or after 1
January in the calendar year next following
that in which the notice is given; and

(iii)

with respect to other taxes, as regards

taxes for any taxable year beginning on or
after 1 January in the calendar year next
following that in which the notice is given.

IN WITNESS WHEREOF the undersigned, being duly

authorised thereto by their respective Governments, have
signed this Convention.
DONE in duplicate at Lisbon this nineteenth day of
December, 2011, in the Japanese, Portuguese and English
languages, all texts being equally authentic. In case of
any divergence of interpretation of the text of this
Convention, the English text shall prevail.

FOR JAPAN:

FOR THE PORTUGUESE REPUBLIC:

Paulo Nncio

26

PROTOCOL TO THE CONVENTION

BETWEEN JAPAN AND THE PORTUGUESE REPUBLIC
FOR THE AVOIDANCE OF DOUBLE TAXATION
AND THE PREVENTION OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME

At the signing of the Convention between Japan and the

Portuguese Republic for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with respect to Taxes
on Income (hereinafter referred to as the Convention),
Japan and the Portuguese Republic have agreed upon the
following provisions, which shall form an integral part of
the Convention:
1.
The competent authorities of the Contracting States
shall notify each other its internal procedures concerning
the mode of application of the Convention.
2.

For the purposes of applying the Convention:

a)

an item of income:
(i)

(ii)

derived from a Contracting State through an

entity that is organised in the other
Contracting State; and
treated as the income of the beneficiaries,
members or participants of that entity under
the tax laws of that other Contracting
State;

shall be eligible for the benefits of the

Convention that would be granted if it were
directly derived by a beneficiary, member or
participant of that entity who is a resident of
that other Contracting State, to the extent that
such beneficiaries, members or participants are
residents of that other Contracting State and
satisfy any other conditions specified in the
Convention, without regard to whether the income
is treated as the income of such beneficiaries,
members or participants under the tax laws of the
first-mentioned Contracting State.
b)

an item of income:
(i)

derived from a Contracting State through an

entity that is organised in the other
Contracting State; and

27

(ii)

treated as the income of that entity under

the tax laws of that other Contracting
State;

shall be eligible for the benefits of the

Convention that would be granted to a resident of
that other Contracting State, without regard to
whether the income is treated as the income of
that entity under the tax laws of the firstmentioned Contracting State, if such entity is a
resident of that other Contracting State and
satisfies any other conditions specified in the
Convention.
c)

an item of income:
(i)

derived from a Contracting State through an

entity that is organised in that Contracting
State; and

(ii)

treated as the income of that entity under

the tax laws of the other Contracting State;

shall not be eligible for the benefits of the

Convention.
3.

With reference to Article 6 of the Convention:

Income from immovable property includes income from

any property other than immovable property connected with
the use or the right to use the immovable property, or
income derived from services for the maintenance or
operation of the immovable property, either of which is
subject to the same taxation treatment as income from
immovable property by the tax laws of the Contracting State
in which the immovable property is situated.
4.
With reference to paragraph 2 of Article 8 of the
Convention, if Portugal introduces any tax similar to the
enterprise tax of Japan, Portugal shall send Japan through
diplomatic channels without delay the notification
confirming the entry into force of its domestic laws
concerning that tax. In this case, the Contracting States
shall agree on how that paragraph has effect and ceases to
have effect.

28

5.
Notwithstanding any provisions of the Convention, any
income and gains derived by a silent partner in respect of
a silent partnership (in the case of Japan, Tokumei Kumiai
and, in the case of Portugal, associao em participao)
contract or other similar contract may be taxed in the
Contracting State in which such income and gains arise and
according to the laws of that Contracting State.
6.
For the purposes of subparagraph a) of paragraph 2 of
Article 10 of the Convention:
It is understood that the term partnership does not
include any entity that is treated as a body corporate for
tax purposes in a Contracting State and is a resident of
that Contracting State.
7.

With reference to Article 10 of the Convention:

The provisions of subparagraph b) of paragraph 2 of

that Article shall apply in the case of dividends paid by a
company which is entitled to a deduction for dividends paid
to its beneficiaries in computing its taxable income in the
Contracting State of which the company paying the dividends
is a resident.
8.
With reference to Article 11 of the Convention,
notwithstanding the provisions of paragraphs 2 and 3 of
that Article, interest arising in Portugal and beneficially
owned by any institution with the objective to promote
exports or development, the capital of which is wholly
owned by Japan as may be agreed upon from time to time
between the competent authorities of the Contracting States
shall be taxable only in Japan.
9.
With reference to paragraph 3 of Article 11 of the
Convention, if Portugal concludes an agreement for the
avoidance of double taxation with another state on the
exemption at source for interest beneficially owned by a
bank which is a resident of that other state:
a)

paragraph 3 of Article 11 of the Convention shall

be deleted and replaced by the following
provisions:
3.
Notwithstanding the provisions of paragraphs
1 and 2, interest arising in a Contracting State
and beneficially owned by a bank which is a
resident of the other Contracting State and is
established and regulated as such under the laws
of that other Contracting State shall be taxable
only in that other Contracting State.;

29

b)

the provisions of paragraph 3 of Article 11 of

the Convention as amended by the provisions of
subparagraph a) of this paragraph shall apply:
(i)

in the case of Portugal:

(aa) with respect to taxes withheld at
source on interest, the fact giving
rise to them appearing on or after the
first day of January of the calendar
year next following the thirtieth day
after the date of receipt of the
notification as referred to in
subparagraph c) of this paragraph; and
(bb) with respect to other taxes, as to
interest arising in any taxable year
beginning on or after the first day of
January of the calendar year next
following the thirtieth day after the
date of receipt of the notification as
referred to in subparagraph c) of this
paragraph; and

(ii)

in the case of Japan:

(aa) with respect to taxes withheld at
source on interest, for amounts
taxable on or after 1 January in the
calendar year next following the
thirtieth day after the date of
receipt of the notification as
referred to in subparagraph c) of this
paragraph; and
(bb) with respect to taxes on interest
which are not withheld at source, as
regards interest for any taxable year
beginning on or after 1 January in the
calendar year next following the
thirtieth day after the date of
receipt of the notification as
referred to in subparagraph c) of this
paragraph;

c)

Portugal shall send Japan through diplomatic

channels without delay the notification
confirming the entry into force of such an
agreement.

30

10. Notwithstanding the provisions of paragraph 5 of

Article 13 of the Convention,
a)

Where
(i)

a Contracting State (including, for this

purpose in the case of Japan, the Deposit
Insurance Corporation of Japan) provides,
pursuant to the laws of that Contracting
State concerning failure resolution
involving imminent insolvency of financial
institutions, substantial financial
assistance to a financial institution that
is a resident of that Contracting State, and

(ii)

a resident of the other Contracting State

acquires shares in the financial institution
from the first-mentioned Contracting State,

the first-mentioned Contracting State may tax

gains derived by the resident of the other
Contracting State from the alienation of such
shares, provided that the alienation is made
within five years from the first date on which
such financial assistance was provided.
b)

The provisions of subparagraph a) shall not apply

if the resident of that other Contracting State
acquired any shares in the financial institution
from the first-mentioned Contracting State before
the entry into force of the Convention or
pursuant to a binding contract entered into
before the entry into force of the Convention.

11. With reference to Article 15 of the Convention, the

term a member of the board of directors of a company
includes a member of the supervisory board (conselho
fiscal) or another similar organ of a company which is a
resident of Portugal, as foreseen in the corporate law
(Cdigo das Sociedades Comerciais).
12. With reference to paragraph 5 of Article 24 of the
Convention:
a)

the provisions of paragraph 5 of Article 24 of

the Convention shall apply only to a case covered
by Article 9 of the Convention;

31

b)

notwithstanding the provisions of subparagraph a)

of this paragraph, if Portugal concludes a
bilateral agreement for the avoidance of double
taxation with another state on the broader scope
of the provisions of arbitration after the entry
into force of the Convention, then the provisions
of paragraph 5 of Article 24 of the Convention
shall apply to a case within the same broader
scope from the thirtieth day after the date of
receipt of the notification as referred to in
subparagraph c) of this paragraph, provided that
the presentation as referred to in subparagraph
b) of paragraph 5 of Article 24 of the Convention
is made on or after that thirtieth day;

c)

Portugal shall send Japan through diplomatic

channels without delay the notification
confirming the entry into force of such an
agreement.

13. With reference to paragraph 5 of Article 24 of the

Convention:
a)

The competent authorities shall by mutual

agreement establish a procedure in order to
ensure that an arbitration decision will be
implemented within two years from a request for
arbitration as referred to in paragraph 5 of
Article 24 of the Convention unless actions or
inaction of a person directly affected by the
case presented pursuant to that paragraph hinder
the resolution of the case or unless the
competent authorities and that person agree
otherwise.

b)

An arbitration panel shall be established in

accordance with the following rules:
(i)

(ii)

An arbitration panel shall consist of three

arbitrators with expertise or experience in
international tax matters.
Each competent authority shall appoint one
arbitrator who may be its national. The two
arbitrators appointed by the competent
authorities shall appoint the third
arbitrator who serves as the chair of the
arbitration panel in accordance with the
procedures agreed by the competent
authorities.

32

(iii)

All arbitrators shall not be employees of

the tax authorities of the Contracting
States, nor have had dealt with the case
presented pursuant to paragraph 1 of Article
24 of the Convention in any capacity. The
third arbitrator shall not be a national of
either Contracting State, nor have had his
or her usual place of residence in either
Contracting State, nor have been employed by
either Contracting State.

(iv)

The competent authorities shall ensure that

all arbitrators and their staff agree, in
statements sent to each competent authority,
prior to their acting in an arbitration
proceeding, to abide by and be subject to
the same confidentiality and non-disclosure
obligations described in paragraph 2 of
Article 25 of the Convention and under the
applicable domestic laws of the Contracting
States.

(v)

Each competent authority shall bear the cost

of its appointed arbitrator and its own
expenses. The cost of the chair of an
arbitration panel and other expenses
associated with the conduct of the
proceedings shall be borne by the competent
authorities in equal shares.

c)

The competent authorities shall provide the

information necessary for the arbitration
decision to all arbitrators and their staff
without undue delay.

d)

An arbitration decision shall be treated as

follows:
(i)
(ii)

An arbitration decision has no formal

precedential value.
An arbitration decision shall be final,
unless that decision is found to be
unenforceable by the courts of one of the
Contracting States due to a violation of
paragraph 5 of Article 24 of the Convention,
of this paragraph or of any procedural rule
determined in accordance with subparagraph
a) of this paragraph that may reasonably
have affected the decision. If the decision
is found to be unenforceable due to the
violation, the decision shall be considered
not to have been made.

33

e)

Where, at any time after a request for

arbitration has been made and before the
arbitration panel has delivered a decision to
the competent authorities and the person who
made the request for arbitration, the competent
authorities have solved all the unresolved issues
submitted to the arbitration, the case shall be
considered as solved pursuant to paragraph 2 of
Article 24 of the Convention and no arbitration
decision shall be provided.

14. With reference to paragraph 5 of Article 25 of the

Convention, a Contracting State may decline to supply
information relating to confidential communications
between attorneys, solicitors or other admitted legal
representatives in their role as such and their clients
to the extent that the communications are protected from
disclosure under the domestic law of that Contracting
State.
IN WITNESS WHEREOF the undersigned, being duly
authorised thereto by their respective Governments, have
signed this Protocol.
DONE in duplicate at Lisbon this nineteenth day of
December, 2011, in the Japanese, Portuguese and English
languages, all texts being equally authentic. In case of
any divergence of interpretation of the text of this
Protocol, the English text shall prevail.

FOR JAPAN:

FOR THE PORTUGUESE REPUBLIC:

Paulo Nncio

34